7.2.3
Request for publishing fee, and translations and a formally compliant version of amended text passages

Once the interlocutory decision becomes final or the amended texts text in which the patent is to be maintained have has been drawn up in opposition appeal proceedings, the formalities officer requests the patent proprietor. of the patent

– 
to pay, within three months, the fee for publishing a new specification of the European patent;
– 
and to file a translation translations of any amended claims in the two official languages of the EPO other than the language of the proceedings;. and
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to file a formally compliant verbatim version of amended text passages if in oral opposition proceedings the interlocutory decision of the Opposition Division under Articles 101(3)(a) and 106(2) or the board of appeal decision under Article 111(2) has been based on documents not complying with Rule 49(8) (see E-II, 8.7).

If the European patent in the amended form contains different claims for different contracting states, a translation of all sets of claims – in the text communicated to the patent proprietor of the patent – into all official languages other than the language of the proceedings must be filed.

If the request under the first paragraph above is not complied with "in due time", the acts may still be validly performed within two months of notification of a communication pointing out the failure to observe the time limit, provided that within this two-month period the prescribed surcharge is paid. If any of the acts is not performed within the period of grace, the formalities officer will issue a decision for revocation of the patent in accordance with Rule 82(3).

 

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